Performing background checks on potential employees is a vital step in ensuring the safety and quality of your workforce. In many cases, such checks are, in fact, legally required. Recent legal changes in Michigan and California are likely to complicate background checks in those states. 

Knowing an individual's date of birth (DOB) is a critical piece of information that can aid in performing background checks by helping to identify the correct individual in court records and other relevant sources. For example, there may be hundreds of John Smiths in a jurisdiction, but only a handful with a given birth date, narrowing the search quickly and effectively.

In today's world of identity theft and privacy concerns, court systems such as those in California and Michigan, are updating their procedures to address how much personally identifying information (PII) is publicly available in their records. Redacting, or, removing from public view, such details can help to protect people who are identified in court records from falling victim to identity theft and other unwanted attention. 

Unfortunately, redacting birth dates in court records complicates work for companies performing background checks, particularly with criminal record screenings. The Fair Credit Reporting Act (FCRA) and other legal protections specify that matching an individual with criminal records by name only is not allowed, so DOB is one of the most common PII details used to properly match people with their records. Some anticipated consequences of DOB redaction for performing background checks include:

• Longer, more intensive searches will often be needed in Michigan and California
• Increased costs per search in these locales
• Some Michigan and California background checks may be nearly impossible to perform, especially for those with more common names

In cases where criminal background checks are legally or contractually required, DOB redaction can place a significantly higher burden on employers who want and need to have such checks performed. 

At Employers Reference Source, Inc., we have the expertise to perform effective background checks and screenings, even in the face of these DOB redaction limitations. Contact us today to learn more about our full array of screening services designed to help you build and maintain the best workforce possible.